By John Francis, Bruce Peninsula Press
The Ontario Land Tribunal (OLT) is a crown agency tasked with handling appeals and complaints about municipal Zoning and land use decisions.
Big Tub Harbour Citizens Group Inc (BTHCC) lodged an OLT appeal against an MNBP Zoning Bylaw Amendment (“…to clearly define the Commercial Tour Boat Operation and appropriate zone designation”) from last year. On May 16, 2023, the OLT rejected that appeal and upheld MNBP’s Zoning Bylaw Amendment. The notice from the OLT appears in the Agenda for MNBP Council’s May 23 Meeting (available online).
BTHCC’s appeal claims that the Zoning Bylaw Amendment should be struck down because it is inconsistent with Bruce County’s Official Plan and Ontario’s Provincial Policy Statement (PPS). MNBP and 1415747 Ontario Inc. & Lyons Big Tub Resort Marina Ltd defended the Bylaw. The OLT found that (all italicized text is excerpted from OLT’s notice of decision):
“BTHCC’s Notice of Appeal does not explain how the ZBA is inconsistent with the PPS, how the ZBA fails to conform with the County OP, or how the ZBA fails to conform with the NBP OP, as required by s. 34(19.0.1) of the Planning Act;”
…
“It appears from the BTHCC information noted above, that nearly four months after making their Appeal, BTHCC attempts to address the statutory requirement “… explain how …” with “due to it having impacts”. This is an anti-thesis of what the Planning Act directs in s. (19.0.1) when it requires that the Appeal “ … must also explain how …”
The Tribunal cannot but find that BTHCC has failed to respond to statutory requirements of s. (19.0.1) of the Planning Act.”
…
“[35] Consequently, the Tribunal must take into consideration the impact of this finding on the overall matter before the Tribunal vis-à-vis BTHCC. The Planning Act sets that OLT may dismiss all or part of an Appeal of a ZBL as follows per the Planning Act;
34(25) Despite the Statutory Powers Procedure Act and subsections (11.0.2) and (24), the Municipal Board may dismiss all or part of an appeal without holding a hearing, on its own initiative or on the motion of any party, if,
…
(b.1) the appellant intends to argue a matter mentioned in subsection (19.0.1) but has not provided the explanations required by that subsection;
[36] The Tribunal on its own initiative and in part per the request of Lyons and the Municipality for striking key issues anchoring BTHCC Appeal under s. 34(19) of the Planning Act, finds that the BTHCC Appeal has no basis to proceed.”
This is the second time in recent months that an OLT Tribunal has rejected an appeal. In both cases, the municipality and the affected property owner had to devote considerable effort and money to mount a defense.
